What is Reckless Endangerment When You are Driving?
Anyone who places another person in harm’s way or causes another person harm by “disregarding a substantial and unjustifiable risk” is guilty of reckless endangerment. Any time a person makes reckless choices behind the wheel, either through an act or failure to act, this is typically charged as reckless driving.
Reckless driving is a growing concern in The Peach State. The data speaks for itself: in 2022, nearly 500 deaths were attributed to reckless driving in Georgia. This is a stark increase from previous years.
If you have been accused of reckless conduct while driving, our Georgia criminal defense lawyers are ready to defend you.
Acts That Constitute Reckless Conduct
At common law, recklessness is defined as a disregard for the safety of others. A person that is reckless is indifferent to the consequences of his or her actions.
A motorist who performs any of the following acts may be charged with reckless driving:
- Excessive speed
- Tailgating
- Driving under the influence of alcohol and/or drugs
- Passing vehicles on blind curves
- Street racing
- Swerving between lanes
- Running a red light or stop sign
- Going around railroad barriers
- Illegally passing a school bus (for example, when the bus's red lights are flashing and the stop sign is extended)
- Any other behavior that disregards the safety of the public or property
Reckless Driving Penalties
Under Georgia Code §40-6-390, reckless driving is a misdemeanor offense. If you are found guilty, you will be fined $1,000, sentenced to 12 months in jail, or potentially both. Additionally, the Georgia Department of Driver Services will impose four points against your license for a reckless driving conviction. However, if you illegally pass a school bus, this could be charged separately, resulting in another six points against your license. When you reach 15 points, your license will be suspended.
However, if someone died because of your recklessness, then you may be charged with vehicular homicide. You could potentially be sentenced anywhere from three to 15 years in prison.
Defenses to Reckless Driving Charges
If you are accused of reckless driving, a Georgia criminal defense lawyer may employ any of the following defenses:
Your Reckless Driving Was Due to Necessity
A necessity claim requires that you show that your behavior was compulsory, meaning that you had no other viable option. The charges against you may be dropped or dismissed if you can prove that you were fleeing someone who was trying to hurt or kill you or if you were speeding due to a medical emergency.
Challenging Evidence
If you are charged with reckless driving, you could claim that the state’s evidence is unreliable. For instance, if you were charged with excessive speeding, you could argue that the radar gun was not properly calibrated.
Your Driving Was Not Reckless
If you were swerving between lanes or ran a red light, you could claim that your conduct was due to distracted driving, not reckless driving. Unlike reckless driving, distracted driving is not a criminal offense. However, you will need to demonstrate that your driving was due to negligence, not a lack of regard for the safety of others. To learn more, please reach out by giving us a call or completing our online contact form.